HARISH CHANDRA RAWAT Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THIS writ petition is filed by one Sh. Harish Chandra Rawat against his erstwhile employer/respondent No.3/Modern School, Poorvi Marg, Vasant Vihar, New Delhi. Respondent No.2 is the Management of the respondent No.3/School. Respondent No.1 is the Directorate of Education. In the writ petition, petitioner seeks the relief of setting aside of the resignation letter dated 11.09.2009 on the ground that the said resignation letter was obtained by the school on account of undue influence, threat, force, pressure and coercion, i.e without the free will and consent of the petitioner. The writ petition was filed on 27.11.2009. Earlier the petitioner had vide letters dated 21.09.2009 and 08.10.2009 sought to take back the resignation letter on the ground that the resignation was obtained under threat and petitioner was forced to resign.

(2.) THE facts of the case are that the petitioner was a Dance Teacher in the respondent No.3/School. There were allegations against the petitioner of allowing one girl student Mahima Pangasa to regularly go out of the school without the permission of the school authorities or her parents. The petitioner's hand written letter dated 09.09.2009 gives the entire history as to how the petitioner repeatedly allowed Mahima Pangasa to leave the school to meet her boyfriend. There is also the fact of petitioner giving his mobile phone to Mahima Pangasa for talking to her boyfriend. The mother of Mahima Pangasa on coming to know of the aforesaid made a complaint dated 08.09.2009 to the school against the petitioner. The mother of Mahima Pangasa was a single mother. It is pursuant to the complaint dated 08.09.2009 that the petitioner came into the spot of bother. The mother, Smt.Meera Pangasa, three days after her letter dated 08.09.2009, submitted another letter giving the mobile phone and sim card given to her daughter by the petitioner. The respondent No.3/School conducted an inquiry. Statements of a school employee was taken, and when the almirah of the petitioner in the school was opened in the presence of five other employees as also the student Mahima Pangasa, a white t-shirt and black pant belonging to Mahima Pangasa was found and which showed that the petitioner was assisting the girl student to bunk from the school. Illegal bunking from the school took place sometimes in the guise that the girl student used to be in dance dress i.e probably she would be going out for dance classes.

(3.) IN this writ petition, respondent No.3/School filed its counter-affidavit way back on 19.04.2010. Along with the counter-affidavit the respondent No.3/School attached the letters of the mother Smt.Meera Pangasa dated 8.9.2009 and 11.9.2009. Statements of one Smt.Mangla, an employee of the school was also annexed showing that the girl student Mahima Pangasa used to be taken out from the gate by the petitioner. The apology letter written in hand of the petitioner and signed by the petitioner dated 09.09.2009 was also filed. The document with respect to inspection of the almirah of the petitioner dated 09.09.2009 where private dress of the student Mahima Pangasa was recovered (and which inspection report is signed by five other employees besides student Mahima Pangasa) was also filed. The letter of the petitioner dated 11.09.2009 submitting his resignation was also filed. The school also filed an undertaking on plain paper of the petitioner that he had not resigned under any pressure. Most importantly, the respondent No.3/School filed a copy of the bank account showing that the petitioner on his voluntary resignation was paid an amount of Rs.5,26,982/- on 11.09.2009 in full and final settlement. This amount of Rs.5,26,982/- as per the copy of the bank account filed was shown to have also been utilized by the petitioner by making various cash withdrawals of huge amounts of Rs.2,50,000/- + Rs.50,000/- on 14.09.2009 and Rs.62,000/- on 17.09.2009. An amount of Rs.57,000/- was also withdrawn in cash subsequently on 01.10.2009. There are other instances also of utilization of the amount which was credited in the account of the petitioner.